MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Corrections

By: Representatives Newman, Powell, Shanks, Wallace, Weathersby, Yancey, Williamson, Miles, Brown (70th), Anthony

House Bill 747

(As Sent to Governor)

AN ACT TO AUTHORIZE THE SHERIFF OF RANKIN COUNTY TO ESTABLISH A PILOT WORK RELEASE PROGRAM IN RANKIN COUNTY; TO AUTHORIZE THE SHERIFF OF RANKIN COUNTY TO ASSIGN A NONVIOLENT CONVICTED OFFENDER TO A WORK RELEASE PROGRAM, IF THE OFFENDER IS CONFINED IN JAIL; TO PROVIDE THAT THE OFFENDER ASSIGNED TO THE PROGRAM SHALL BE UNDER THE SUPERVISION OF THE SHERIFF; TO PROVIDE THAT THE OFFENDER MAY BE REMOVED FROM THE PROGRAM IF RULES ARE VIOLATED; TO PROVIDE THAT WAGES EARNED BY THE OFFENDER MAY, UPON ORDER OF THE COURT, BE PAID TO THE DIRECTOR OR ADMINISTRATOR OF THE PROGRAM AFTER STANDARD PAYROLL DEDUCTIONS ARE PAID; TO PROVIDE THAT THE OFFENDER, IF APPROVED, MAY MAINTAIN A BANK ACCOUNT AS LONG AS A PHYSICAL ACCOUNTING IS PROVIDED TO THE SHERIFF; TO PROVIDE THAT THE OFFENDER'S WAGES MAY BE DISTRIBUTED TO PAY CERTAIN TRAVEL EXPENSES RELATED TO HIS OR HER EMPLOYMENT, TO PAY CHILD SUPPORT, FINES, RESTITUTION OR COSTS, INCLUDING FEES FOR OBTAINING A DRIVER'S LICENSE UPON RELEASE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:     SECTION 1.  (1)  The Sheriff of Rankin County is authorized to establish a Pilot Work Release Program.  No person sentenced for a crime listed in Section 97-3-2 shall be eligible for participation in the program established under this act.  During the pilot phase of the program, there shall be a limit of twenty-five (25) people in the program at a time.

     (2)  The sheriff shall collect and maintain data which shall be shared semiannually with the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and the Corrections and Criminal Justice Oversight Task Force in sortable electronic format.  The first report shall be made before January 15, 2022, and in six-month intervals thereafter.  The data shall include:

          (a)  Total number of participants at the beginning of each month by race, gender, and offenses charged;

          (b)  Total number of participants at the end of each month by race, gender, and offenses charged;

          (c)  Total number of participants who began the program in each month by race, gender, and offenses charged;

          (d)  Total number of participants who successfully completed the program in each month by race, gender, and offenses charged;

          (e)  Total number of participants who left the program in each month and reason for leaving by race, gender, and offenses charged;

          (f)  Total number of participants who were arrested for a new criminal offense while in the program in each month by race, gender, and offenses charged;

          (g)  Total number of participants who were convicted of a new crime while in the program in each month by race, gender, and offenses charged;

          (h)  Total number of participants who completed the program and were convicted of a new crime within three (3) years of completing the program;

          (i)  Total amount earned by participants and how the earnings were distributed in each month;

          (j)  Results of any initial risk and needs assessments conducted on each participant by race, gender, and offenses charged; and

          (k)  Any other data or information as requested by the task force.

     (3)  Any person who has been sentenced to confinement in jail or who has been sentenced for a felony conviction but is confined in a jail may request assignment to the work release program established under this act.  Admission to the program shall be in the discretion of the sheriff.  The sheriff may further authorize the offender to participate in educational or other rehabilitative programs designed to supplement his work release employment or to prepare the person for successful reentry.  No offender shall be eligible for this program if he has more than one (1) year remaining on their sentence.

     (4)  The sheriff shall adopt and publish rules and regulations prior to accepting inmates.  These rules and regulations shall at a minimum include all requirements for work release programs established pursuant to Sections 47-5-451 through 47-5-471.  Participating employers shall pay no less than the prevailing wage for the position and shall under no circumstance pay less than the federal minimum wage.

     (5)  Any offender assigned to such a program by the sheriff who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his or her going to or returning from such place, will be guilty of escape as provided in Section 97-9-49.  An offender who is found guilty under this section shall be ineligible for further participation in a work release program during his or her current term of confinement.

     (6)  The offender shall maintain an account through a local financial institution and shall provide a copy of a check stub to the sheriff.  The offender may be required to pay up to twenty-five percent (25%) of his wages after mandatory deductions for the following purposes:

          (a)  To pay support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction; and

          (b)  To pay any fines, restitution, or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release.

     (7)  The inmate shall have access to his account to purchase incidental expenses.

     (8)  The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct a review of the work release program established under this act and produce a report to the Legislature on their effectiveness by December 1, 2022.  The PEER Committee shall seek the assistance of the Corrections and Criminal Justice Task Force and may seek assistance from any other criminal justice experts it deems necessary during its review.

     (9)  This section shall stand repealed on July 1, 2022.

     SECTION 2.  This act shall take effect and be in force from and after its passage.